Legislation and Ethics in Travel and Tourism: A Comprehensive Analysis

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Legislation and Ethics in Travel and
Tourism
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Table of Contents
Introduction....................................................................................................................................................3
Task 1.............................................................................................................................................................4
1.1 Explain the legal and regulatory framework of the travel and tourism sector with.............................4
1.2 Discuss surface, sea and air transport law in relation to the carriage of passengers within the
legal and regulatory framework.................................................................................................................7
Task 2.............................................................................................................................................................8
2.1 Evaluate the impacts of the principles of health, safety and security legislation on the travel and
tourism sector.............................................................................................................................................8
2.2 Analyse legislation that relates to equality........................................................................................10
Task 3...........................................................................................................................................................12
3.1 Explain contract legislation in relation to travel and tourism customers...........................................12
3.2 Explain consumer protection legislation in relation to travel and tourism customers.......................13
Task 4...........................................................................................................................................................14
4.1 Analyse ethical dilemmas faced by the travel and tourism sector.....................................................14
4.2 Analyse the Corporate Social Responsibility (CSR) policy of a specified travel and tourism
business....................................................................................................................................................16
Conclusion...................................................................................................................................................17
References....................................................................................................................................................18
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Introduction
The travel and tourism industry plays a crucial role in the growth and development of the
country. In the UK, this industry contributes to the economic growth and approximately
contribution of 217 billion pounds to the overall GDP growth of the country. The industry of
tourism generates revenue in numerous ways through recreational activities, beverage and food
services, accommodation and transportation. Increase in the number of inbound passengers as
well as visitors for the purpose of visiting for leisure. The Domestic market of traveling is also a
large contributor in the overall growth and development in the UK. In this Thomas Cook is taken
into consideration as this is the well-known industry in the traveling sector. This assignment
depicts the legal and regulatory framework of the travel and tourism industry by discussing the
laws related to the sea, air and transport law for the purpose of carriage of passengers. Further, it
evaluates the impacts of the legislation of health, safety, and security on the travel and tourism
industry and also analyze the equality law and its importance in the travel and tourism industry.
For the fair and transparent conduct of the business task, the legislation of the contract law is
crucial and essential so as to save the contractual parties. This assignment also consists the
ethical dilemmas and the responsibility of the corporate towards the society.
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Task 1
1.1 Explain the legal and regulatory framework of the travel and tourism sector
with
In the UK, the travel and
tourism industry plays an
essential role in the growth
and development of the
country. The connection
between the tourism
industry and its related
legislation becomes more
significant regarding the
factors which involve
quality of food, customer
behavior, and hospitality.
Thomas Cook is the
international traveling
company that provides the
services of travel and
tourism. In this context, the
government of the UK is
responsible to ensure the
safety and security of the
travelers during traveling.
For such purpose there are
several legislations are
enacted by the
government. These
legislations are mentioned
below:
Strategic Rail Authority
This authority is set up
under the Transport Act,
2000 so as to provide the
direction to the industries
of the railway (Sorrell and
Stapleton, 2018). The main
purpose of this authority is
to properly deliver the
services. Its main function
is to control and manage
the transport department
and regulate the rules and
regulations that relate to
the railway department.
Health and Safety
Commission
The main aim of the
Health and Safety
Commission is to ensure
the health and safety at the
place of the occupation of
the employees. The Health
and Safety Executive act as
an arm of this commission
and provide assistance to
regulate the framework of
these laws in the local
authorities.
Health and Safety
Executive
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The Health and Safety
Executive is responsible to
ensure the safety at the
place of occupation. For
such purpose, the
government enacted
Health and Safety at Work
etc. Act 1974 for the
protection and ensure the
safety of the employees at
the workplace. Its main
work is to inform about the
accidents to the
commission so that
necessary actions are taken
to prevent further
mishappenings.
Maritime Authorities
Maritime authorities are
the authorities that are
responsible for the safety
and security of life at sea.
This authority ensures that
appropriate regulation and
legislation are framed and
implemented so as to
ensure that the Maritimes
law is properly
implemented (Blanco,
2018). It also ships abide
by all the safety standards
and perform necessary
operations of rescue and
prevent the pollution of
water at areas near
coastline and seas.
Civil Aviation Authority
(CAA)
This authority is provided
recognition of the pilots
and their licenses and
inspecting the necessary
equipment and inspections
to meet the standards of
safety. Air Travel
Organizers licensing
(ATOL) act as a CAA in
the UK whose main aim is
to ensure that travelers are
protected against the tour
operator’s unfair practices
while they book their
holiday packages.
International Air
Transport Association
(IATA)
It is responsible to regulate
the air activities and ensure
that the rules and
regulation are formulated
and abide and followed the
safety and security
standards. In the sector of
aviation, it ensures that the
proper training should be
provided that should be
needed.
Processes of the
lawmaking process
The government of the
UK, enacted the laws
whenever there is a
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requirement in the country.
The government and
Parliament role is crucial
in the process of
lawmaking. This includes
several stages where the
process is divided into first
reading, second reading,
Report stage, committee
stage, and Third Reading.
After the end of all the
stages, the final stage
includes the Monarch
consent.
Processes of the legal
framework
Arbitration and services of
Conciliation are
responsible for the dispute
settlement between the
parties and motivate the
employees to perform in
the best possible manner
(Cao, 2015).
Roles of the Solicitors
and Barristers
The solicitors are the one
who provides advice to the
disputed parties to resolve
their issues. On the other
hand, barristers are the one
who resolves the disputes
between the parties.
Barristers are the one who
hired by the solicitors to
represent the case of the
solicitor's clients.
Structure of the courts in
the UK
Figure- Structure of Courts Appeal
Sources- By Author, 2019
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1.2 Discuss surface, sea and air transport law in relation to the carriage of
passengers within the legal and regulatory framework
The carriage the
passengers safely, the role
of the surface, air, and
transport are crucial. There
are several laws that are
enacted by the government
for the protection of the
passengers and ensure that
they travel safely that must
be abided by the Thomas
Cook. These legislations
are mentioned underneath:
International Carriage
by Sea (Athens
Convention, 1974)
This convention provides
protection to the
passengers ensure that they
remain safe during the
journey and provide them
with the right to claim
compensation in case of
any injury or cause death
during traveling (Jaller, et.
al., 2016).
Carriage of Passengers
by Road Act, 1974
In this act, the role of the
travelers is crucial to
ensure the safety of the
passengers and their
carriages while traveling
via road. The carrier
ensures that if there is no
space for travelers and
ensures that no extra
traveler is seated.
International Carriage
by Road (Carriage by Air
and Road Act, 1979)
It involves taking care of
international journeys and
makes the carrier
responsible for the safety
and security of the
passengers.
Air transport and
conventions protocol
Montreal (1975)
This convention makes the
air authority liable to
provide monetary
compensation in case of
injury or loss caused to the
passengers while traveling.
Warsaw (1929)
This convention makes the
carrier liable towards the
service of transportation to
the passengers and their
carriage internationally and
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also includes their luggage
and goods.
Tokyo (1963)
This convention role is to
keep secure the passenger's
property and their security
during traveling via flights.
Denied Boarding
Compensation Schemes,
European Union (1997)
This union works towards
the improvement of the
standards so that the
business runs in smooth as
well as in the harmonized
manner. Also, make the
passengers liable in case of
cancellation of the flights.
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Task 2
Executive Summary
This task consists of the impacts of the legislation of health, safety, and security on the industry
of travel and tourism. Further, it also consists the legislation that involves the matter related to
equality.
Introduction
The travel and tourism industry is abided to take care of the passengers. In this context, the
health and safety legislation mainly focuses to take care of the passenger's health and safety and
their security and also in maintaining safety in the overall environment of working.
2.1 Evaluate the impacts of the principles of health, safety and security legislation on
the travel and tourism sector.
The employers and employees are responsible are to identify the risk during traveling and the
hazards at the place of occupation. There are various health and safety legislation is enacted so
that the employees and employees are performing their duties and responsibilities as per the
under mentioned acts in the Thomas Cook. These are:
The Health and Safety at Work Act, 1974
The main aim of this act is to take care of the employees at the pace of occupation. In this
context, the executives of Health and Safety are responsible to ensure that the adequate and
proper training is provided to the employees before making them deal with the hazardous and
dangerous equipment (Vila, et. al., 2015). In this context, the operations performed by the
employees by keeping safety measures and keep the information accurate.
Occupiers Liability Act, 1984
This act protects the owner of the property against the trespassers against the unauthorized entry
and access by the person in some others property. This act allows only the trespassers who are
injured and cause personal injury.
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The duty of Care
Individuals are responsible for top formulates the standards for reasonable care. This states that
the individuals are responsible to perform their duties towards the society. It is the responsibility
and management duty to carry out the activities in considering it impacts on the society and take
necessary measures as to improve it. If any duty is breach then the claimant has the right to claim
damages against the loss or damages caused to the respondent.
Vicarious liability
Vicarious liability is the liability that arises secondly in case of the doctrine of agency and the act
of the superior towards the subordinates. It denotes the liability of the third person named
employers towards the acts or omissions of the employees in the course of the employment.
Data Protection
This act provides protection against the unauthorized access of the confidential and secured data.
In the context of the traveling industry, it is essential to secure the personal data of the employees
as well as the information of the travelers (Cornock, 2018). For such purpose, the Data
Protection Act, 2018 is regulated to secure the data from the unauthorized access. The rules and
regulations of this act are applicable to all the employees and employers and ensure that the
information must be safe and deals in a transparent manner.
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2.2 Analyse legislation that relates to equality
Due to an increase in the growth of the tourism industry the discrimination activities also prevail
in the organizations involves the place of occupation. In this act, there are several legislations
that are enacted to prevent the discrimination practices at workplace. These are mentioned
below:
The Equality Act, 2010
This act ensures that the employees will be treated equally and eliminate the activities of
discrimination that are prevailing in the organizations (Hand, 2016). This act provides protection
of the legal rights of the employees while different functions at the workplace.
Race Relations Act, 1976
This act eliminates the discrimination on the basis of race and against the unfair treatment on the
basis of race, color, religion, and nationality of the employees at the place of occupation.
The Sex Discrimination Act, 1975
This act prevents the discrimination activities on the basis of sex and gender that are prevailing
in the organization. It eliminates discrimination at the place of occupation, institutions, and clubs
and at the workplace.
Employment Protection (Consolidation) Act 1978
This act provides protection against the discriminatory practices against the disabled persons
opted by the traveling companies against the travelers as well as the visitors. It also provides
protection against the discriminated activities that are prevailing in the workplace (Countouris,
2016). This act provides equal opportunity to the employees and the travelers to access their
rights.
Employment Act 2002
This act concern about the dispute resolution and provide equal treatment to the employees and
other matters that affect matters of employment at the workplace. It is an important legislation
piece.
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Human Rights Act, 1998
This act ensures the fair and equal treatment of the employees at the workplace. It also protects
against the inhuman treatment that causes severe mental sufferings to the employees.
Impacts of the regulations and legislation
The impacts of the abovementioned legislation and regulations are mentioned below:
Fair trading
The abovementioned acts inculcate the fair trading at the occupational place and also in the
tourism industry. In this context, to prevent the unfair practices in the organization Fair Trading
Act 1973 is enacted so as to prohibit the unfair competition.
Health and Safety
The health and safety legislation protects the employees and travelers while traveling. It includes
that the employers provide adequate facilities to the employees as well as the travelers during
traveling.
Equality and diversity legislation
The equality and diversity legislation ensures that to identify and implement such policies that
satisfy the employers and employees to the environment safe comply and complying with several
laws (Webster and Ivanov, 2014).
Data Protection
The impact of this regulation ensure the safety of the confidential data of the employees and keep
the personal data of the employees as well as the travelers safe from unauthorized access.
Conclusion
As per the discussions, it concludes that the role of the above-mentioned legislations plays an
essential role to maintain the equality and to provide fair treatment to the employees. It also
provides the employees and travelers to acknowledge their rights under the above-mentioned
legislation.
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